constituteproject.org PDF generated: 26 Sep 2013, 21:49 (5) The Supreme Court of Zimbabwe, the High Court of Zimbabwe, the Labour Court and the Administrative Court, as established immediately before the effective date, are constituted respectively as the Supreme Court, the High Court, the Labour Court and the Administrative Court under this Constitution, and any decision of those courts given before the effective date has effect accordingly. (6) Every person who, immediately before the effective date, presided over the Labour Court or the Administrative Court becomes a judge of the Labour Court or the Administrative Court, as the case may be, on the same conditions of service as apply on that date to judges of the High Court, his or her length of service as a President of the Labour Court or the Administrative Court being deemed to be service as a judge of the High Court. (7) The magistrates courts, traditional courts and any other courts that were established by an Act of Parliament before the effective date continue in existence on and after that day as if they had been established by an Act referred to in section 174, and the decisions of those courts given before the effective date have effect accordingly. (8) Any pending constitutional case-(a) in which the argument from the parties has not been heard before the effective date must be transferred to the Constitutional Court constituted in terms of subparagraph (2); (b) in which the argument from the parties has been heard by the effective date must be completed by the Supreme Court unless all the parties to the case agree to it being referred to the Constitutional Court constituted in terms of subparagraph (2), in which event the Supreme Court must refer the case to that Court. (9) All cases, other than pending constitutional cases, that were pending before any court before the effective date may be continued before that court or the equivalent court established by this Constitution, as the case may be, as if this Constitution had been in force when the cases were commenced, but-(a) the procedure to be followed in those cases must be the procedure that was applicable to them immediately before the effective date; and (b) the procedure referred to in subparagraph (a) applies to those cases even if it is contrary to any provision of Chapter 4 of this Constitution. (10) For the purposes of subparagraph (9)-(a) a criminal case is deemed to have commenced when the accused person pleaded to the charge; (b) a civil case is deemed to have commenced when the summons was issued or the application was filed, as the case may be. Zimbabwe 2013 Page 165

Select target paragraph3

Add to table of contents